me, i cannot stop shaking my head thinking of all those thanksgivings and that one seat missing. held jobs everyone. it's 5:00 in new york city and this is "the five." a massive snowstorm moving east code is interrupt thanksgiving for millions. this as the storm threatens the busiest travel day of the year tomorrow and with me is the fox extreme "weather center" tracking the latest. rick what have you got? >> we'll have a lot of wind and rain. the big cities, big airports, it's rain not snow.

that's some good news with the airports. here's what we're looking at right now. a lot of rain today and only big delay we have across the eastern seaboard is at laguardia, 28 delay for arrivals, 28 for departures. a number of flights have bern cancelled. this is a big storm. entire eastern seaboard. tornado concerns down in florida until 10:00 p.m. we're watching the snow across interior sections but quickly turn over to rain. much warmer air will filter in across parts of the eastern seaboard. watch those temperatures climb into the 50s overnight into washington, d.c. and to boston. snow stays far inside buffalo towards pittsburgh but you'll notice snow in the deep south. no real accumulation but maybe north georgia mountains. tomorrow afternoon we're still dealing with this. it's gone by the time we get to thursday. just talking about a cold and

windy day. precipitation will be over for everybody. if you can drive on thursday do it instead of wednesday. >> rick, i love the weather. >> i know you do. >> thanks so much. something caught my eye earlier today. i want to kick it off with this. can we talk about the travel delays and the reasons for all the travel and the concern. could it be what the head of aaa said earlier today? >> there's also been the issue of the government shutdown weighing heavily on people's mind and not just about the last shutdown but about the decisions that have been deferred to january. so, americans are aware of that and it creates a sense of uncertainty and has negatively impacted their travel plans. >> what about that, eric. did the government have any effect on people's travel plans or the economy at all? >> i'm trying to figure out where they got that. they reported all day travel is up between 2% and 3% and the

highest it's been since 2007. i literally don't know where he pulled that one unless -- >> it can't be possible. people were telling me don't believe that. >> i don't know. >> you think so? you think during the government shutdown people said they are not traveling for thanksgiving. >> i'm using the government shutdown for everything. >> forgot to pay your taxes. >> i'm not going to visit my family, government shutdown. >> it made sense during the shutdown because some of the smaller airports didn't have air traffic controllers. but now, i can't imagine what it is. by the way, most every airline flew during the shutdown as far as i knew. >> what he was alluding to, that somehow people were so worried what was going to happen with the government shutdown they made decisions based on the government shutdown. >> who would these people be. everyone i talked with are

concerned about stuffing their face with turkey. maybe if you sign up for obama care there's a box you can check to become a aaa member or some kind of quid pro quo. >> no government shutdown for turkey. >> turkeys have to work no matter what. >> we'll talk about the real topic. obama care. nbc news reports large employers citing obama care cadillac tax and fox news reporting 80 million with employer health care plans could have coverage cancelled. so the hits just keep on coming, eric. on this one can you explain on the cadillac tax how that works? >> you have to take a step back here. just every single day we talk about, it's something new. cadillac tax. today we found out that consumer confidence is falling in the economy and pointing the finger

at obama care. it's another thing. yesterday -- we didn't even talk about this. pre-existing conditions. you're not allowed to charge people more for pre-existing conditions, right? smoking is a pre-existing condition. do you know that some smokers pay two and three times what nonsmokers pay for insurance. if you have something that's smoke related you gill wet nailed for it. this is another one of those things that obama care didn't take into account when they were putting these numbers together, detective tore is leaving. it's a system ready for failure. it will fail. it will fold in on itself. >> there's the cadillac tax piece which basically they will drop the plans because of the tax on the cadillac plans which are super good plans for people that can afford it and have their employer pay for it. andrea, you know more about this. on the employer's -- the 80

million about to lose their coverage, for some people they might hear that number that's outrageous, that can't be true or roll their eyes like bob is doing now. can you explain that to people that number is real? >> that number is very, very real. companies who have 50 or more employees have to cover their employees, mandated by the u.s. government. so what you've seen up to this point you've seen a lot of employees get laid off or regulated to part time status. companies with 55, 53 employees will trim those numbers down. consultants going here's your rate increase, here's your deductible. a lot of businesses are choosing to self-insure. private markets are coming up with their own solutions. majority of employers as much as they want to provide health care are saying look we just can't afford it. so everyone has to go into the exchanges we're dropping coverage we're not going to pay thousands of dollars in

penalties. this cadillac tax, it kicks in if a company's annual health insurance cost exceeds $27,500 for a family. these are real numbers, real increase. so businesses are going wait a minute why would i pay 40% excise tax, i'll push them into the exchanges. >> in other words, people who are currently getting health insurance from their employers, 80 million of them will be dumped off their insurance. >> yes. that goes away. >> okay. and so did alice. >> bob, this is a number that's not being disputed. it is being accepted. and there's evidence, greg, that the white house knew it was coming >> you're is going to lose your plan because it's subpar, now you'll lose your plan it's above

par. this is the point. the administration want to create an environment where there's no choice but one the government. as the world forges ahead to a universe of endless options where you can get anything you want anywhere, we're the jetson's and the obama administration is the flint stones. this is a flat earth style of thinking. we're adopting ideologies of countries we vanquished which is a belief in a monolithic government. 80% going away is a step towards that. >> there's a question, bob, whether or not that's what democrats really want for it to fail so badly that people decide somehow that the better choice is just to have the government pay for everybody? >> it fails that badly -- let me go back and make sure i understand. 160 million people working in american jobs.

40 million of them, those are not insured, 40 million figure we throw out there. >> but those were people not working. >> a lot of them were working with no insurance, sure. >> what's the point? >> if you take those and then you deduct the people who are self-insured the 15 million, so now we're down to roughly 100 million. we're saying 80% of americans will lose their insurance. >> no. people not plans, the difference is some people are working -- >> 80% of them will lose -- >> your wife is insured. your kids are insured as well. 80 million people will be dumped off not necessarily -- >> 80 million. >> it could be 30 million. >> or a plan might cover four people. >> why to you dispute this, bob, when the white house doesn't dispute it. >> the idea that 80 million plans will be lost. >> people. 311 million people. >> if a dad gets his health insurance through his employer, the employer oftentimes covers

the mom and the children and that's why typically in the past too if a child has a heart condition or some kind of illness it can drive up the cost for the entire company but that's why we're getting this number because it affects the entire family. >> vast majority of americans will not have health insurance. >> they will be kicked off their plan. >> there's 311 million americans and 80 million people have to go somewhere else. >> medicare is for seniors -- >> i can point one other thing out. cleveland clinic. president obama used the cleveland clinic as his see how this will work, we love the cleveland clinic. cleveland clinic told america that they are going to have to cutback $300 million of expenses because of obama care. half of that is going to be in employees and employee wages. >> save a lot of money that way. >> this is what obama care is doing. it's driving people out of work. >> actually bob has no defense. let's talk about the democrats

at large. >> i certainly do have a defense. >> the cnn poll today showed the congressional ballot, generic ballot, look how quickly things can change in one month. republicans down 42-50 in october. just a month later up 49-47. two weeks ago one of the president's main adviser said it would be ridiculous and ludicrous for republicans to try to run on obama care in the mid-term elections. do you think that's a scare tactic or do republicans actually have an issue here? >> they do have an issue but do not underestimate the republicans ability to screw this up. there's another budget battle and they should play it cool and don't play into the hands of the democrats. one thing you have to be aware of. do you think obama is running out of power? that's not the case. if you ever played video games, those little power ups where you can run and pick it up. the media is obama's power ups.

whenever he's down all he has to do is run a certain direction, pick up the "new york times," has more power. >> like pac-man when you go over the fruit? >> the media is his fruit. you always think he's down but his friends always come back to help him in the end. >> speaking of that, bob, president obama was in hollywood this week raising a lot of money. this isn't hurting the democrats ability to raise money. >> let me make a point about this. if the election were held today in this climate about obama care democrats would lose a lot of seats. the idea of taking this climate and taking it 12 months down the road and assume it will be the same come election day 2014 if it collapses like you say it will, then it will. it can't get worse than this and can only get better i think in terms of the publicity about it or it all collapses. >> andrea has another point ever view. >> think it will get worse. i know i think the

administration thinks by delaying the employer mandate will push it back. that's assuming businesses don't plan one year, two year, three years out. republicans are smart to run on this. every single day, every single week there's a new story with a new business a brand name that people can identify with dropping their employees every single day in districts that they can point to and say this is a promise the administration said would never happen and democrats have to defend it. >> that's one thing about the democrats, that's right. they voted for it. the idea somehow you can get outside of this thing and argue i wasn't responsible for it is not going work. the republicans have nothing else to run on. nothing. zero. >> we'll see. >> this is the most do nothing congress. >> if you don't want more of the same you don't vote for a democrat the next time. >> what i'm saying, is this make it or break it for republicans. greg's point is well taken. these republicans had these things happen to them in the past and had uncanny ability to

snatch defeat out of the hands of victory. >> are we making too much out of this? we're not. this is an absolute failure waiting to happen. >> i'm going to get the hook, that big white hook. >> why does it have to be white? >> because i'm racist. up next. back in 2009 sarah palin was mocked for warning about obama care death panel. now a "time" magazine analyst exists. should palin's critics apologize? and alec baldwin gets canned by msnbc. all that ahead and more. ♪

♪ all right. we're going to get to alec baldwin's firing but back in august 02009 sarah palin used the term death panel to describe

the obama care board that would ration some of america's health care. the left tried to destroy her. it was named the lie of the year. she got four pinocchio. >> they are totally errorneous. there's nothing like euthanasia. >> despite media out lets saying what governor palin said wasn't true she continued to say it. i'll let webster define how one calls her pop >> four years later obama administration has been lying about obama care and sarah palin told the truth about death panels. don't believe me here's liberal nbc commentator mark halperin. >> i think they focused the

death panels which is coming. rationing is part of it. >> i agree. it will be a huge issue something about which the president was not forthcoming. >> you believe there will be rationing aka death panels. >> it's built into the plan. it's not like a judgment. that's going to be part of how costs are controlled. >> so, gibbs, carney and the rest of the obama liberal royalty you owe governor palin an apology. bob, let's start with you. it wasn't just mark halperin, it was also dr. howard dean who recently earlier in the year said there are death panels. >> if she's waiting for an apology from me she will wait a long time. i'm going to get a lobbyist to go work that death panel to make sure i'm not one of the thing that gets the death thing marked on them. it's the most ridiculous -- >> hold it. >> mark halperin? >> what's ridiculous?

the ipad board will decide who gets what? >> they will get together, bring all the millions of americans together, look at their health situations, die, live, die, live. get out of here. can you go to a lot of places. this is the bottom of barrel. have we not beat up obama care enough? let's say they have these death camps they will send them to and let them die. >> can anyone dispute that they will ration health care? >> what happened. palin used the wrong words. president obama is all about cloaking it in a different kind of language. it was a little too negative death panels. should have been called burden lifters or after life treatment. really when you think about it isn't it our duty to die early if that's going to make obama care work? if you look at it nobody is enrolling. if we make it work we have to thin the roles. we should be the party of

compassion not the democrats we should kill ourselves. >> you volunteering? >> am. democrats are pro abortion, pro death penalty and they get you at both parts. they are telling everybody who is alive and well you got okay you got this far. >> can you explain to me how this panel works? what are they going to ration? they going to ration the number of open heart surgeries you can have? >> they might. >> yes. >> 15 unelected bureaucrats who have unbinding power who cannot be sued, appointed by this administration who will -- this is how they will do it -- cut reimbursements to doctors and hospitals and the most drastic are the most expensive. end of life care. the president said, president obama the chronically ill and those towards the end of their lives account for 80% of the total health care bill.

we have to have a very difficult conversation about this. >> not difficult noirm. designee said his grandmother didn't need that second him before she died and the president's own controversial former medicare administrator said the decision is not whether or not we'll ration care, the decision is whether we will ration with our eyes open. pretty scary stuff. >> you're going to lose your health insurance plan i under that and out in the streets and have to go to emergency rooms. on top of that what obama care will do will decide whether you live or die. you guys are living some place -- >> they ill go through costs. they won't look at bob. they will see who is the most expensive. >> that's what is it. read it and weep. liberals are coming around. >> they are not coming around. halperin doesn't speak for liberals. >> a lot of democrats have come around. >> dana, we haven't talked about

this. i'm throwing this out. who is going to be on this panel? who picks who gets those seats? >> the type of people that help put together healthercare.gov in case that gives anybody a lot of confidence. >> i think what they really objected to with sarah palin is the fact it's the language, the terminology. it was stark and very effective. that's what they were pushing back against. now just like with everything else we're find being out what was in the bill and actually what was being said. do i think if you're looking to the national health service in britain, death panels maybe that language is too strong for some people but they have knee replacement panels and hip replacement panels and eye cataract surgery panels and you can wait six, eight, ten month for the government decide to get the hip, knee or eye replacement. >> they should make it positive. obama should take this -- he should be the grim reaper.

he should be there -- this is what you got to do for the greater good. ultimately that's what it's about. it's about the greater good, sacrificing you for this giant idea that has never worked. >> let me ask you. you're the resident liberal on obama care. what's the iran pad board? >> have no idea. >> stop arguing. >> what i don't believe -- i assume people sit there and look at costs as andrea said and decide there are certain costs that have to be curved. does that mean they are going to say we're not going to have any heart/lung machines. i can't believe we're having this discussion. we can't to any deeper in obama care, you can't have insurance, you're going to die and the government will sit there and say you live or die. it's ridiculous. it's absolutely nuts. >> my good liberal friend here i have no idea what it is but

here's why i disagree. >> what it is bull. >> the war against smoke is picking up steam. how big brother wants to crack down on lighting up inside your own home is no place say dprcrem the government's prying eye. we'll be right back. and now my journey

across the country has brought me to the lovely city of boston. cheers. and seeing as it's such a historic city, i'm sure they'll appreciate that geico's been saving people money for over 75 years. oh... dear, i've dropped my tea into the boston harbor. huhh... i guess this party's over. geico. fifteen minutes could save you fifteen percent or more on car insurance.

♪ berkeley, california, home of one of america's most liberal universities they already prohibit smoking in the city's commercial districts, parks and bus stops and within 25 feet of any building open to the public now. berkeley is saying they want to

ban lighting up in all apartments and condos where second hand smoke can spread even inside single family homes. bob, you've been gyrating next to me the entire time i've been reading. >> they are like a cancer on the soul is what these professors are doing. i think it's ridiculous. >> why take away your ability to smoke in your home. >> they can't do it because i would take my gun which i have under the second amendment and shoot them. >> greg you went to berkeley. you can smoke e cigarettes. you can smoke joint but you can't smoke not in apartment buildings now and single family homes. >> it's a new kind of moral police. imagine if you applied this to unprotected sex which leads not to only disease in yourself but spread disease to others. smoking, if you smoke cigarettes is unlikely you spread disease. second hand smoke is a scam.

smoking essentially hurts yourself. why can you target smoking but you can't target somebody who sleeps say round? you're spreading disease. >> if they have an unprotected sex i would have a tank. >> they have that police in saudi arabia. they have the religious police they come over and find out if you're doing something wrong in your house. this is not something what they have in riyadh. i missed something really funny. >> somebody came after him he would get a tank. >> it's amazing how you become so pro second amendment when your personal desires are thwarted. >> i've always been for guns in the house especially if they come after me for cigarettes or one load condoms on me. >> berkeley city council -- they haven't passed this but want to make sure taxpayer money can be used for sex change operations for city employees.

they have certain priorities in berkeley. [ laughter ] >> what's so funny? >> they kill us every night. now they want to turn every man into woman, every woman into a man. >> but you can't smoke. >> a whole country of transittr. >> you can swap genitalia, just not cigarettes. >> you can't smoke while having a sex change operation. >> that's true. [ laughter ] >> oh, bob. >> they want to use taxpayer money for sex change operation? >> there's a proposal to use taxpayer money to pay for a sex

change operation for city employees. now this vote has been postponed. it will be a real nail-biter. but it's a proposal. >> every cop wants to be a woman? >> let's say there's ten men on the police force and they want to be women. there's a proposal -- >> i would say that's a shame to the police department. i think it gets back to liberal professors. >> very quickly continuing on smoking, new york city, mayor bloomberg signed a bill into law on november 19th raising the legal age in new york city from 18 to 21 to buy cigarettes. >> i'm still scratching my head why. some of his motivations he's worried about everything, nanny state, now he's america's nanny mayor. you want to smoke, smoke. you want to hurt yourself, you want to kill yourself. why do we mandate a 21-year-old -- 20 years old you can die for your country but not

buy cigarettes. >> people smoke pot all around here. every day i walk home there's 25 people smoke joint on the street and nobody cares about that. >> did you smoke before the show, a joint? you were laughing so hard. >> i agree. first of all, there's not enough evidence out there now that cigarette smoking is bad four. everybody has got that point. then if you make a decision you do it then you made the decision. it's not as if somehow or another this is going to change everybody's view aboutg. i guess the theory is what? what's their theory? >> to further, i guess, alienate smokers. these young smokers will be hitting me up for cigarettes as i sit outside and smoke that's tissue if they can't buy them they will come to me and i don't charge money. >> they will figure out a way to get them. >> if you can get it, you can get it. >> coming up i waited tables in

my father's restaurant when i was a kid so i can assure you tips make a big difference but this waitress said a family stiffed her tip because she was a lesbian. but the family didn't write an anti-gay message on her receipt. bob breaks it down on "the five" next. i got this. no, i'll get it! no, let me get this. seriously. hey, let me get it. ah, uh. i don't want you to pay for this. it's not happening, honey. let her get it. she got her safe driving bonus check from allstate last week. and it's her treat. what about a tip? oh, here's one... get an allstate agent. nice! [ female announcer ] switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call an allstate agent and get a quote now. just another way allstate is changing car insurance for good.

a new jersey couple is calling b.s. on a story of a gay waitress who said they criticized her lifestyle instead of a you tip. the note read i'm sorry i can't agree with your lifestyle or how you live. the couple who is remaining anonymous have a receipt printed

at the same time with an $18 tip. does it matter? it's not who you believe but who the media wants to believe. stories like these which often turn out to be fake exist because the media wants them to for such stories validate our belief that our country is soaking in bigotry. they run these stories without skepticism because they want them to be true. many are as real as a bigfoot sighting. that attention comes at a price. innocent people get smeared and a phoney story that america is filled with gay hating racist freaks lingers on. what happens when we realize hoa x's outnumber hate. dividers have to find a new life of work? there will be slurs on walls and bigoted notes on receipts and the bigoted party will be the hacks who want it to be real. this is the sound on tape of the

couple talking about this. it looks like a mob interview. go for it. >> she's dock toward up our check. >> this is a disgusting thing to do to write that, you know, the restaurant profits from this, obviously, dana is profiting from this. and it's fraud. it's a scam. >> why would dana -- why would they do this anonymously. >> the waitress said this happened. >> they said this is not their handwriting. >> it's not my handwriting. i don't know. >> she maintains her innocence and the money that she's getting from people charitable -- giving to wounded warriors. it's a weird convoluted story. >> could it be that somebody that works with her was playing

a mean trick or bullying or sending her a mean message and they used that couple's receipt. i'm glad the couple stood up for themselves even if they did it. >> even if they did it? >> eric, you live in this neighborhood. could it have been you? >> i'm still trying to figure out what happened. so she says they stiffed her and left a note. >> yeah. >> so then they show up with the real one and she says what now? >> she says who? >> what's dana is saying. dana says she stands by her story this receipt had this thing written on it. >> two separate receipts for the exact same time. >> so, the family couldn't have made that up, right because they don't have access to the resent. someone at dana's restaurant is promulgating -- >> either one works. >> this hoax.

>> all right. >> he hasn't stopped laughing. >> listen, nothing funny about this. let me get serious here. the way stuff travels around information this day and age around the internet, it becomes truth and people buy into it whether it's a newspaper or somebody else. that's what scares me. there's a lot of stuff out there about me that's true, but for a lot of people get really bad stuff and they take this truth, they figure this one story. >> like death panels. >> death panels. damn right. you're all dying. >> this story was taken as true and then i don't know how the family got involved if nbc found them and had the receipt. can you tell who is telling the truth? >> i'm not buying the waitress. in order for her story to be true, right, somebody would have had to get the receipt, maybe a bus boy and play this trick. typically the waitress gets the receipt. she first gets it.

unless another customer lined over a booth and wrote it on there or a bus boy. and this girl did a number of tv interviews before a real journalist thought maybe we should call the family. >> people who did this looked like they were on the witness protection family. >> they were scared. >> think of the hassle. >> they will be called anti-gay. there's people saying you're -- >> even though the guy said he didn't vote for chris christie gaze the governor doesn't support gay marriage. if i was the owner of this restauranted i would be ticked off. >> maybe she will throw the bus boy one bus. >> trey radel getting treatment for cocaine addiction said some people are harassing him. that's next on "the five." [ thunder crashes ] [ female announcer ] some people like to pretend a flood could never happen to them. and that their homeowners insurance protects them.

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♪ trey radel took a brave step when he admitted he had a drug problem. he's undergoing treatment after pleading guilty to cocaine possession said he's doing well but there are people who are harassing him at the rehab

center. leave him alone. he needs time to get well. let me tell you why. listen, first of all, i'm worried about this because it means that a rehab facility either people in the rehab facility themselves . i have been to several rehabs. and the press wasn't allowed. he has been harassed by the democrats. his own party harassed him. this guy needs -- if you ever looked at hollywood people who go to rehab and are out in three weeks and they are clean and have a great message for people and they go back. this guy has years before he's in a position to deal with this thing. he has to get through the hard part. leave him alone. he's not going to gain anything politically now. let it go. let the guy have his chance. >> that's why i was thinking about this. i think he should resign and let the constituents have the representation they deserve. if he's serious about getting

well, maybe hitting the rock bottom is losing your congressional seat because you did the wrong thing. >> it has to be weird in the rehab with a famous person. if you're in with tiger woods, yeah, it's tiger woods. that's all i'd be doing. do you have anything to say to the group? tiger woods! dude, you're good. >> i was in rehab with a famous person and they quit in two weeks. >> i said he should step down. there needs to be a line drawn somewhere. but the lawmakers can't be the lawbreake lawbreakers. he shouldn't be harassed, but he didn't even give details when he was pressured. you've been harassed, who is harassing you? what's his definition of harassment? republicans, democrats to step

down, that's not harassment. >> what do you think? >> i think he was asked to step down, i done think he should be for forced to step down for whatever reasons. there's a moving target on this. but he may want to step aside until he gets clean and then takes his -- >> he's no filner. >> i'm not taking a position on whether he should. from his own standpoint, how he's going to overcome this and go back to congress and go into an election season, it's a recipe for getting himself back in. >> what's pressure cooker? really? >> they have to raise a lot of money. i'm talking about going out there. >> if he doesn't want the media

scruti scrutiny, he should resign. >> he can run again and let the constituents. >> that's a good point. all i know is anything right now for the next several months for him are he's going to be walking on egg shells and he's going to be falling backwards. very few people recover after one run at e rehab. one more thing is up next.

time for one more thing. here's the thing. we love our music that we play. you wonder what kind of song did we play? we now have our play list up on spotify. every day you can get. our play list. it's very cool. >> bob calls him the weird guy. >> you don't call hum that in fron of him. >> he's upstairs. >> you shon call anybody weird. >> andrea, you're next. >> a lot of families will be having tofurkey. also a lot of gluten-free

recipes and vegan. can you imagine having that? >> i don't understand it. >> it's eric's turn. >> a couple updates on two big stories we have been following. laura logan has been given a forced so bat call for his involvement in the benghazi story. >> so someone finally paid a consequence for a benghazi lie. >> and msnbc fired alec baldwin for his slur e he slung. we'd like to extend an invite to mr. baldwin. maybe he'd like to sit here for a couple minutes. >> no. >> all right. please come. bob, you're next. >> this day in history, 1941,

franklin d. roosevelt established the modern thanksgiving holiday making the fourth thursdays in november thanksgiving day. one of the america's great presidents. he wasn't a vegan. >> that little girl is cute in that video. >> today's post. through november of this year in new york city, 43 homicide victims were between the ages of 13 and 21. last year in the same frame of time, 87. they cut the amount of murder victims in half. the majority were young minority men. ray kelly has done more to save minorities than any left winger. and he's leaving. >> abraham lincoln established thanksgiving. >> he officially made it the third thursday in november.

>> was it lincoln or roosevelt? >> set your dvr so you never miss us. "special report" is next. the supreme court gets another chance to bite out of obama care. this this is "special report." good evening. last year the nation's highest court kept the president's health care plan alive. next year it will get another shot at obama care through a challenge to the plan's highly controversial contraception mandate. >> this is an incredibly significant case. >> reporter: for the second time, the supreme court is gearing up to hear a challenge to president obama's achievement, the affordable care